In In re Scoggins, the Supreme Court today reverses a robbery-murder special circumstances finding imposed on a defendant who planned a robbery and a beating but not the shooting by another that killed the victim. The special circumstances finding was the foundation for a life-without-parole sentence.
The court’s unanimous opinion by Justice Goodwin Liu concludes reversal is required because, under the court’s prior precedents, the defendant “did not act with reckless indifference to human life.” The court states, “Determining a defendant’s culpability under the special circumstances statute requires a fact-intensive, individualized inquiry” and it lists numerous factors to consider in making the determination.
This case is also a story of persistence. When the defendant’s sentence was originally affirmed on appeal (People v. Kane (Mar. 12, 2014, No. C068209) 2014 WL 953485), the Supreme Court denied review. Later, after two new Supreme Court opinions of relevance, the defendant petitioned the court in pro per for habeas corpus relief and the court issued an order to show cause in the Court of Appeal. That court denied habeas corpus relief and the Supreme Court then granted review (although, uncommonly, with only six votes), leading to today’s opinion.
The court reverses a divided Third District Court of Appeal decision.